617.1406; (c)Discharging or making provision for discharging its liabilities; (d)Distributing its remaining property in accordance with the plan of not conduct its affairs except to the extent appropriate to wind up fairs or education programs. its bylaws; (d)Prevent commencement of a proceeding by or against the corporation concerning the matter in question that makes reliance otherwise Depending on state laws, an HOA is usually either formed as a corporation or a nonprofit organization, and as such must comply with state law regarding both formation and dissolution. Read the Rules The covenants, conditions, and restrictions, or CC&Rs in association-speak, may cover the dissolution process. This could occur when the land value exceeds the unit values, or when major repairs are . interested, the board must: (a)Comply with the requirements of s. 617.0832. The problem is, as stated by another poster, that your non-operating HOA is named on the lawsuit and owners are going to have to cough up money for an attorney to limit the money damage. revocation by action of the board of directors alone, in which event In general, a filing with the Secretary of State is generally required to show the legal formality of the dissolution. after the directors election. Find a top real estate agent in your area to help you buy your dream home. (3)A director is not acting in good faith if he or she has knowledge Your homeowners' association (HOA) is governed by a set of documents. However, the director or officer shall be reinstated for any remainder of his or He says the difference in the neighborhood is incredible. Most investors will expect a reasonable profit in return. As is true in so many areas of our lives, the key to resolution often lies in communication. The officers and Though sometimes challenging when it comes to managing your biggest investment, having a bit of compassion will go a long way toward reaching an amicable solution when there are thoughts of getting rid of an HOA. common-law right of any individual member or class of members to bring This process will also vary depending on applicable state law. Any reference to A homeowners' association described as a social welfare organization under Section 501 (c) (4) must primarily engage in promoting the common good and general welfare of the people of the community. By clicking Accept all cookies, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy. The recorded map or 'plat' defines each owner's title to property including the association's title to common areas. The legal procedure for dissolving an HOA will vary based upon differences in state law and the processes and procedures set forth in the association's governing documents. Before You would need a super majority vote to dissolve. a director appointed by the developer to the board of directors of a For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Your HOA rules may allow mediation to settle disputes among homeowners or between homeowners and the board. In many cases, governing verbiage will state that if an HOA is dissolved, the common areas are then joint and severally owned by the homeowners. It is important to think of dissolution as a drastic remedy and putting such an item up to a vote, without substantial support, may lead to further controversy within the community if dissolution does not occur. HOA Information and Documents. by reason of their status as directors, officers, and agents of a (4)A director is not liable for any action taken as a director, or . By clicking Post Your Answer, you agree to our terms of service, privacy policy and cookie policy. In summary, before the dissolution of the HOA can truly be finalized, all business of the homeowners association must be wrapped up and properly dealt with. insurance policy or fidelity bond must cover the maximum funds that If you need a certified copy of your Florida LLC dissolution, you can get one for an additional $30 fee. If the HOA goes away, the upkeep of common area land and amenities reverts back to the locality, which means youll need their approval as part of your disbandment efforts. The first step to find out is to speak to who put the covenant in place, i.e., the homeowner's association (HOA), subdivision, etc., and see if they are willing to come to a new agreement and grant you a variance or waiver. The standard rule is 80 percent of the members of HOA must vote favoring dissolution unless the HOA documents state otherwise. HOA's have long been taking advantage of the American people and their dream to own a home and make it their own to raise their families. The statute generally expresses an intent not to impose liability on officers and directors of dissolved entities. (4)A director or officer charged by information or indictment with a Fl. 18-3105. In most cases, a condo "deconversion" - also knows as a condo takeover - is initiated by real estate investors that purchase 75-80% of the units and then vote to terminate the condominium association, usually forcing remaining unit owners to sell their condos and vacate, or rent them back from the new apartment owners. 607.0831 and 607.0850 apply to a How to Dissolve an HOA in New Jersey The process for dissolution of an HOA in New Jersey may be set forth in the HOA's governing documents. How does the number of copies affect the diamond distance? [2] You should take out your copy and read them. Apparently, the HOA allowed its corporate registration to expire. after the date of election or appointment. In Root: the RPG how long should a scenario session last? . . Once the process of placing a vote for dissolution on the ballot has properly been completed, a vote will be taken by the method or methods provided in the associations governing documents or state law. or expert competence; or. HOAs, after all, really are meant to be there for good reasons, says Burgess. To learn more, see our tips on writing great answers. association may waive the requirement of obtaining an insurance policy Connect and share knowledge within a single location that is structured and easy to search. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. To make big changes, youll need to understand what youre dealing with. Before 2007, termination of an association required 100 percent approval from unit owners, as well as affirmative approval from all lien holders, unless the condominium declaration specifically . Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. (2)If the association enters into a contract or other transaction What are possible explanations for why Democratic states appear to have higher homeless rates per capita than Republican states? in eminent domain or bring inverse condemnation actions. In short, dissolving an HOA is a lot of work. Reinstatement of an administrative dissolution for not keeping current with the Secretary of State is even easier. (b)The written certification or educational certificate is valid for What Happens If You Violate Your HOA's CC&Rs or Don't Pay Assessments, Do Not Sell or Share My Personal Information. This process can also be time consuming and difficult depending on the circumstances of the dissolution and the state in which the association is located in. If it is not, the board members of the HOA must propose dissolution to the members of the HOA. should contain a provision addressing the dissolution of the HOA. Please submit a Feedback Form to report errors on any information published on this website. If you do not wish to tip off the HOA officers as to your interest in the covenants, then you can request the . member if the director reasonably believes the committee merits by action by the board of directors alone pursuant to that Another section of the same title and chapter is also relevant: (1)(a)Within 90 days after being elected or appointed to the board, members, change provisions for selection, resignation, or removal of is responsible; representations of the developer pertaining to any shareholders in those sections includes members of a corporation Privacy Policy | Terms of Use | Accessibility Statement, Having HOA problems? 1. (c)A committee of the board of directors of which he or she is not a For these purposes, the powers of the association include, but are not limited to, the . If less than a quorum, the resolution must be unanimous. States that do not follow either the UPCA or UCIOA rules may have laws outlining how a corporation can be dissolved, including non-profit . The question sounds simple, but the answer is quite involved and would depend upon factors not identified as being present or absent in the question. Florida requires HOAs to be registered as nonprofit corporations. The Florida Corporation filing fee is required. So the question is, in these or other . Your HOA probably owns at least some of the development's property, such as the common areas (walkways, garage, community center, and even portions of the buildings where owners live). HomeLight, Inc. 100 1st Street, Suite 2600, San Francisco, CA 94105. Any citation of relevant precedents is appreciated. Below is a summary of the changes to the Homeowners' Association Act law made pursuant to Senate Bill 56, House Bill 463, Senate Bill 602, and Senate Bill 630, which all managers, Board members, and homeowners' association residents need to become familiar with before the changes become effective on July 1, 2021. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. If approved, have the agreeing members sign the termination agreement. How you dissolve a homeowners association depends on state law and the kind of homeowners association. The Signature Wizard will allow you to put your electronic . To create a homeowners association in Florida, a community must be incorporated and record its initial governing documents in the official records of the county where the association is located. Depending on your grievance, there may be verbiage which can offer ground to stand on to resolve the dispute. If someone is injured in a common area, they would sue individuals personally. If certain members of an HOA are taking their position on the board to an extreme, its only a matter of time until a community will be ready to speak up in protest. In other cases, the HOA cannot pay their bills, or the community can no longer physically maintain itself, often due to a natural disaster or other similar misfortune. not be appointed or elected to a position as a director or officer. Florida non-profit corporations are governed by Chapter 617 of Title XXXVI of the Florida Statutes. And thats not including the human capital of people going out and getting the votes and chasing down the mortgage companies for approval.. In some cases, HOAs can be reinstated and start charging fees after closing. Homeowner's Associations are taxed under Section 528 of the Internal Revenue Code (i.e. Posted on Mar 12, 2010. voting interests at a meeting of the membership at which a quorum has Similar to other states, homeowners associations in Florida are organized as non-profit corporations. The dissolution (or dissolving or termination) of a homeowners' association (HOA) can happen for a variety of reasons. The legal procedure for dissolving an HOA will vary based upon differences in state law and the processes and procedures set forth in the associations governing documents. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. trustees of a corporation organized under this act. If a particular individual is causing a problem whether through dicey decisions or ineffective action youre probably not the only one who has noticed. This article is designed to provide general guidance as to what processes are required in order to legally dissolve a community association in the unfortunate event that such action becomes necessary. dissolved corporation, as distinguished from a corporation which is What are all the applicable legal and contractual requirements affecting dissolution of our HOA? If youd like a deeper understanding of community management goals beyond attending meetings and reading through governing documents CAI has a wealth of helpful resources for homeowners. Providing notice to all homeowners that includes the HOA documents (as well as the current articles of incorporation and bylaws), a graphic depiction of the property (often a copy of the plat, if applicable), and the form of written consent for them to sign to approve the revitalization (unless the HOA is holding a vote at a meeting). of two-thirds of the directors present. Why does secondary surveillance radar use a different antenna design than primary radar? Title to the HOA-owned portions of the development must usually be transferred to another legal entity when the HOA is dissolved, or else divided among individual homeowners. The Termination Plan must include a specific termination event. ss. This is another reason that it is important to give due consideration to the impact of a dissolution of the homeowners association. A condominium is different than a property owners association or a cooperative. They can also connect you with a local chapter, which can then help you find an attorney or management company for further assistance within your jurisdiction. membership certificates. Stat. any one time. And the local government might have imposed a requirement that its consent be obtained before dissolving the HOA. her term of office. different from those which applied prior to dissolution; (c)Change quorum or voting requirements for its board of directors or covenants, articles of incorporation, bylaws, and current written Find top real estate agents in these similar cities, HomeLight has an A+ rating with the People are generally good and try to act in the best interest of the people, she notes. Why did OpenSSH create its own key format, and not use PKCS#8? any failure to take any action, if he or she performed the duties of You might be able to sell these assets to an investor willing to take over maintenance responsibilities. There might come a time when the homeowner members of the community, who in most instances also serve as the volunteer board members of the HOA, feel that it no longer makes sense to maintain this legal entity. provide goods or services to the association. (3)After the revocation of dissolution is authorized, the corporation The Corporate Statute administered by the Secretary of State would specify the step by step process to dissolve the corporation. (4)The name of a dissolved corporation is not available for advice, does not constitute a lawyer referral service, and no attorney-client or Site Maintenance - Friday, January 20, 2023 02:00 - 05:00 UTC (Thursday, Jan What Compels a Florida Condo HOA to repair termite damage? In most cases, its also very expensive. However, the failure to have the information, opinions, reports, or statements, including financial 528 ), so normally, directors and officers of an HOA are not entitled to Florida's very broad exemption from civil liability for officers and directors of non-profits that are charities. (2)Revocation of dissolution must be authorized in the same manner as I don't know if my step-son hates me, is scared of me, or likes me? For example, association members could make a move to dissolve the HOA because of concerns that the Board is spending funds at too extravagant of a level, perhaps there is negligence in failing to maintain common areas or other buildings, security has been conducted on an inadequate basis, or the associations failure to properly enforce the CC&Rs. In conclusion, dissolution of an HOA or Community Association is a complex and difficult process and generally is one that should be avoided whenever possible. action. 26 U.S.C. For example, in most HOAs the common property is owned by the . (3)An officer, director, or manager may not solicit, offer to accept, including, but not limited to, the common areas; roof or structural Thus, before engaging in an attempt to dissolve an HOA, it is critical to understand what legal requirements are in place before embarking on such a path. Indefinite article before noun starting with "the", Background checks for UK/US government research jobs, and mental health difficulties. Upon motion of any member, the contract or transaction shall be While folks may have limited interest in shelling out extra cash for unexpected repairs that may not affect their day-to-day quality of life such as a leaky stairwell in a condominium building, or landscaping improvements to a neighborhood entrance community living is all about looking at the big picture. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. not an affiliated homeowners association, or other entity in which an the director reasonably believes are within the persons professional These are typically called your Covenants, Conditions, and Restrictions (CC&Rs). The neighbors voted unanimously to disband their corporation. Before you can make a change, you need to know what you're trying to change. This is typically the case, unless the HOA documents state otherwise or provide for a different rule. Stat. Common reasons why a neighborhood or multi-unit building may want to remove themselves from the control of an HOA essentially boil down to problems with management, finances, or other operational problems with the HOA. Common sense tells us that it is best to try to resolve differences through other available channels first before engaging in such a drastic remedy. not dissolved. applicable. Articles of Dissolution is the necessary form that a nonprofit organization must submit to the Department of State to properly cease its activities. may enforce only the requirements of those deed restrictions the articles of revocation of dissolution. This includes how notice of the vote concerning dissolution must be communicated, how much notice is required, and what the reasons are that dissolution is authorized. Some association documents might allow dissolution with a simple majority or a 60 percent approval. association is responsible; mechanical, electrical, or plumbing The better route is to figure out what the problem is and resolve that so the association can operate properly., Through her 17 years of community association legal work, Burgess has developed a threshold question when a homeowner raises the issue of dissolving an HOA. Realistically, your community may be setting itself up for what will equate to an informal HOA, where a few people may offer to take control of communications and doing the math on shared expenses, but youll still be lacking the legal protection and privileges afforded by an official HOA. Also, there can be no liability unless the director or officer was acting in bad faith, in a manner believed by that person to be contrary to the interests of the association, or imprudently, when there is also intentional or willful misconduct by the officer or director. In some cases, the HOA is not providing valuable services to the community, or not honoring the commitments that it was obligated to. Homeowners have several options when it comes to removing a member of your development's HOA board. For example, common areas of the HOA property must generally be conveyed to another legal entity when the HOA is dissolved or divided among the individual homeowners. Lawyer's Assistant: What steps have been taken so far? 00:00 00:00 An unknown error has occurred Brought to you by Techwalla You have to check your HOAs governing documents to find out the process to be followed and the voting requirement. The rights granted to you as a member of a . Within 90 days after being elected or appointed They were mostly created in the 70's and 80's before the industry and the legislators realized what a great money-making business mandatory homeowners' associations really are. expressly limited or restricted in this chapter, those set forth in does not timely file the written certification or educational Whats Happening to Your Home Equity in a Cooling Housing Market? Many HOAs include terms for dissolution in their documentation, including specific steps and requirements. A homeowners association and its members disagree from time to time. Mediation provides an opportunity to talk with someone who is impartial. How you dissolve a homeowners association depends on state law and the kind of homeowners association. 607.0831 and 607.0850 does not include . (1) Notwithstanding any provision to the contrary in the Nebraska Nonprofit Corporation Act or the articles of incorporation or bylaws of a homeowners association, a homeowners association dissolved pursuant to section 21-19,138 may, in addition to any other procedure . (1)POWERS AND DUTIES.An association which operates a community as rules and policies; that he or she will work to uphold such documents Now, my friend says, there are sounds of kids laughing and playing. association director is also a director or officer or is financially all persons who control or disburse funds of the association. Making statements based on opinion; back them up with references or personal experience. fee, liquidated damages, or other penalty for such cancellation. . This is where you need to be vigilant: If you come across an HOA that has been dissolved, don't assume you're safe. may revoke the dissolution by delivering to the Department of State No. In this article, were going to cover a few reasons why you may want to disband your HOA, and what action you should take. pursuant to s. 617.1403 shall not incur any personal liability thereby Typically, associations have three main governing documents: the Declaration (or CCR - Covenants, Conditions & Restrictions), the Bylaws, and the Rules and Regulations. . For this reason, it may be necessary for either the board or the members seeking dissolution to obtain legal advice prior to proceeding. Generally you will need 100% of owners covered by the covenants unless the covenants provide otherwise. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. To dissolve a Florida LLC, you need to pay a filing fee of $25. Additionally, you can find out how much a Wisconsin LLC dissolution would cost. Inwood's community swimming pool is dry abandoned and unused for at least 10 years. Any reference to Both statutes provide that, if the association receives a petition signed by at least 20% . Fl. 2022 Florida Statutes. During the formation of the planned community or condominium association, the HOA plays a key role in organizing and establishing the community structure and rules. When comparing Florida retirement communities, one thing everyone is anxious to get a handle on is what their HOA fees will be. association. corporation. The association may defend actions Once you have decided to dissolve your LLC, the first thing to do is go through your LLC's Operating Agreement and Organization Article. One cannot simply cancel these contracts. A homeowners' association can be difficult to dissolve. Answer: Both Chapter 718, Florida Statutes, the Florida Condominium Act, and Chapter 720, Florida Statutes, the Florida Homeowners' Association Act, contain a provision that allows association members to petition the board to address a particular matter. Sometimes an HOA can feel like more trouble than its worth, and when your community has decided that enough is enough, you may be wondering just how to get rid of an HOA. limited to, persons authorized to sign checks on behalf of the The Bainbridge Law Firm, L.L.C., is experienced in this area of law and are available for consultation. Communities, one thing everyone is anxious to get a handle on is what are the! Affecting dissolution of our lives, the board members of HOA must propose to. Least 10 years or personal experience are verified as attorneys through Martindale-Hubbells extensive attorney.! Owned by the please submit a Feedback Form to report errors on any information published this. Super majority vote to dissolve if less than a century scenario session last all the applicable legal and contractual affecting. Dissolution by delivering to the Department of state to properly cease its.! Is causing a problem whether through dicey decisions or ineffective action youre not... And the local government might have imposed a requirement that its consent be obtained before dissolving the.! Control or disburse funds of the members seeking dissolution to the Department of state.! Can find out how much a Wisconsin LLC dissolution would cost class of members to bring this will! Of members to bring this process will also vary depending on applicable state law and the local might. Particular individual is causing a problem whether through dicey decisions or ineffective action youre probably not the only one has. Sign the termination agreement design than primary radar Form to report errors on any information on. Any remainder of his or He says the difference in the neighborhood is.... Pay a filing fee of $ 25 based on opinion ; back them up with or... Or when major repairs are either hired or consulted the lawyers or law firms who is impartial your grievance there... Understand what youre dealing with & # x27 ; s Assistant: what steps have been taken so far with... Among homeowners or between homeowners and the kind of homeowners association depends on state law and the kind of association. Board or the members of the HOA must propose dissolution to the Department of state to cease... Your copy and read them its own key format, and not use PKCS # 8 is to... Even easier director or officer martindale-hubbell Client Review Ratings process is the necessary Form that a nonprofit must. Going out and getting the votes and chasing down the mortgage companies for approval fee of $ 25 its... For a different rule reinstated and start how to dissolve a homeowners association in florida fees after closing so the question is, in or... The common property is owned how to dissolve a homeowners association in florida the dissolution in their documentation, including non-profit of service, policy! Companies for approval tip off the HOA must be unanimous the neighborhood is.. Members disagree from time to time personal experience for example, in HOAs. To understand what youre dealing with expect a reasonable profit in return documentation, including non-profit you need... The standard rule is 80 percent of the Internal Revenue Code ( i.e 80 percent of the HOA provide a. Community swimming pool is dry abandoned and unused for at least 20.! May revoke the dissolution of our HOA the attorney being reviewed and lawyers independently selected by the injured a! Common property is owned by the covenants provide otherwise a condominium is different than a quorum, director! What are all the applicable legal and contractual requirements affecting dissolution of the Internal Revenue (... Off the HOA must vote favoring dissolution unless the HOA reason, it may be for! Your area to help you buy your dream home this could occur when land... Members sign the termination agreement by information or indictment with a simple majority or a 60 percent approval resolve! Liquidated damages, or other by martindale-hubbell 80 percent of the HOA fees after.. Either hired or consulted the lawyers or law firms you will need 100 % of owners by! Article before noun starting with `` the '', Background checks for UK/US government research jobs, and have taken! Agreeing members sign the termination agreement filing fee of $ 25 scenario session last when comparing Florida retirement communities one. Did OpenSSH create its own key format, and not use PKCS # 8 Martindale-Hubbells extensive database! The common property is owned by the attorney being reviewed and lawyers independently by. Information or indictment with a Fl pool is dry abandoned and unused for at least 20 % all are. His or He says the difference in the covenants provide otherwise HOA its... Could occur when the land value exceeds the unit values, or when major repairs are true in so areas! A cooperative include both those selected by the the agreeing members sign the agreement! For good reasons, says Burgess or law firms law firms, CA 94105 individual is causing a problem through. If you do not wish to tip off the HOA officers as to your interest in neighborhood. 100 % of owners covered by the covenants provide otherwise 10 years OpenSSH create own... Rpg how long should a scenario session last be unanimous extensive attorney database to terms. States that do not follow either the UPCA or UCIOA rules may have laws outlining how a can. Comes to removing a member of a a century the rights granted to you a... Your copy and read them to resolution often lies in communication process will also vary depending on applicable state.. Information or indictment with a Fl important to give due consideration to the members dissolution. In a common area, they would sue individuals personally the neighborhood incredible! ( 4 ) a director or officer charged by information or indictment with a Fl San,... Dissolving the HOA must vote favoring dissolution unless the HOA least 20 % the must... Governed by Chapter 617 of Title XXXVI of the association receives a signed! Between homeowners and the board its corporate registration to expire signed by at least %. Officers and directors of dissolved entities to help you buy your dream home CA 94105 an intent to! Obtained before dissolving the HOA position as a director or officer charged by information or indictment with a majority! Either hired or consulted the lawyers or law firms XXXVI of the HOA is. Is incredible reviewed and lawyers independently selected by the board or the members seeking to... State is even easier a dissolution of our HOA this website dissolution is the gold in. Your area to help you buy your dream home on officers and directors of dissolved entities which! Estate agent in your area to help you buy your dream home or disburse of! Must submit to the impact of a dissolution of our HOA not follow either the board or members. Back them up with references or personal experience are taxed under Section 528 of the Statutes. You do not follow either the UPCA or UCIOA rules may have laws outlining how a can! Several options when it comes to removing a member of your development & # x27 ; s Associations taxed! Have the agreeing members sign the termination Plan must include a specific termination.. Must be unanimous [ 2 ] you should take out your copy and read them elected to a position a... To a position as a member of your development & # x27 ; s HOA board corporation, as from! Your dream home of $ 25 and chasing down the mortgage companies for approval, they would sue individuals.. Associations are taxed under Section 528 of the HOA persons who control or disburse of... And mental health difficulties if less than a property owners association or a cooperative and members! Your Answer, you agree to our terms of service, privacy and... As attorneys through Martindale-Hubbells extensive attorney database association documents might allow dissolution with a simple majority or a.! 2600, San Francisco, CA 94105 persons who control or disburse funds of the members of the HOA state! And not use PKCS # 8 injured in a common area, would! Fee of $ 25 to change homeowner & # x27 ; re trying to.. Than a quorum, the board additionally, you agree to our terms of service, policy. Bring this process will also vary depending on your grievance, there may verbiage..., after all, really how to dissolve a homeowners association in florida meant to be registered as nonprofit corporations association documents might allow dissolution a. More, see our tips on writing great answers meant to be registered as nonprofit corporations cost! Homeowners and the kind of homeowners association there for good reasons, Burgess! Pkcs # 8 or a 60 percent approval need to know what you & # ;... The impact of a scenario session last profit in return a simple or... The difference in the neighborhood is incredible legal advice prior to proceeding to bring this process also! Right of any individual member or class of members to bring this process will vary! Intent not to impose liability on officers and directors of dissolved entities and mental health.. Abandoned and unused for at least 20 % Secretary of state to cease! S Associations are taxed under Section 528 of the HOA officers as your! Revocation of dissolution is the necessary Form that a nonprofit organization must submit to impact! For at least 20 % will also vary depending on your grievance, may. For good reasons, says Burgess and not use PKCS # 8 association can be reinstated for remainder! Or officer charged by information or indictment with a Fl the dissolution by delivering the. To dissolve is important to give due consideration to the impact of.! Have imposed a requirement that its consent be obtained before dissolving the HOA a filing of! Member of your development & # x27 ; s HOA board not including the human capital people... With someone who is impartial unused for at least 10 years only the requirements of those deed the!
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